How to File a Medical Malpractice Lawsuit

Bringing a medical malpractice suit against a hospital or doctor requires proof that the defendant acted in breach of his or her obligation to patients. This evidence could include hospital and medical records.

Our lawyers are skilled at taking effective depositions of witnesses. They could be doctors or other medical professionals in private practice, or staff members at a clinic or hospital.

Negligence

If a patient is seen by a doctor or hospital professional is entitled to certain standards of medical care. Unfortunately they aren't always met, or even violated. The consequences of this breach can be devastating.

When someone is injured or death as a result of a physician's negligence, they can sue the medical professional. To be able to make a valid claim, the injured patient must prove that four legal elements exist in the case: breach of duty, causation and damages.

Malpractice can be defined as an action by the doctor that is against the norms of the medical profession and causes harm to patients. It is a section of tort law, which deals with civil wrongs but not criminal or contractual obligations.

Medical negligence is different from regular negligence in that the victim must show that the doctor was aware that their actions would cause harm in order to prove malpractice, whereas normal negligence is not required. For instance, a surgeon who accidentally creates a cut on a vein or nerve during surgery is negligent, but not malpractice because the doctor was not aiming to cause harm.

In the event of a medical malpractice lawsuit the defendant's obligation is to treat the patient according with the standard of care that a competent health professional with similar experience and education would offer in similar circumstances. The breach of duty is important because it proves that the alleged negligence caused the injury.

Damages

Damages in a sterling Heights Malpractice Lawsuit case are determined by the losses you have suffered due to the negligence of a doctor. This can include both financial losses, such as future medical bills, and non-economic damages such as discomfort and pain.

To recover damages, it is essential to show that a doctor has violated the duty of care and that his deviance from the standard of care caused injury, and that the injury resulted in measurable financial costs. This is a complicated legal analysis that typically requires expert witness testimony.

Some of these losses can be spotted immediately, for instance an error by a doctor caused an infection or other medical issue that require additional treatment. Some damages are more difficult to identify like when a doctor misdiagnoses your condition and you don't receive the correct treatment.

You can sue wrongful death if your doctor's negligence causes your death. You may be able to claim punitive damages in addition to the amount you'd get in a lawsuit for survival.

In the majority of states, there is a limit on the amount you can be awarded in a malpractice case. These caps vary by state and usually apply to both economic and non-economic damages. Some states have laws that limit the amount of timers with the same qualifications and experience and the ways that the defendant deviated from those standards. The expert will also explain why the defendant's omission directly caused the patient's injury.

The defendant will contract an expert to challenge the plaintiff's expert, and offer their professional opinion regarding whether the doctor's treatment was consistent with standards of care. The experts may disagree but the fact-finder will decide which expert is the most credible.

It is preferential that the expert continue to be working in the medical field because they will have greater understanding of current practice. Jurors and judges often consider professionals who are practicing more credible than experts whose sole source of income is testifying in court.

It is also beneficial to hire an expert who has specialized in the area of malpractice. A medical expert who has prior experience treating breast cancer for instance, could present a an argument convincingly as to the cause of an injury. A medical malpractice lawyer in Ocala will know which experts to talk to.